BILL NUMBER: AB 1808	CHAPTERED  09/27/00

	CHAPTER   689
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   MAY 30, 2000

INTRODUCED BY   Assembly Member Wayne

                        JANUARY 31, 2000

   An act to amend Sections 1170.1 and 1385 of, and to repeal Section
1170.95 of, the Penal Code, relating to sentencing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1808, Wayne.  Sentencing.
   (1) Existing law relating to sentencing provides that, with
limited exceptions, when any person is convicted of 2 or more
felonies and a consecutive term of imprisonment is imposed, the
aggregate term of imprisonment for all these convictions shall be the
sum of the principal term, the subordinate term, as defined, and any
additional term imposed for applicable enhancements.  Existing law
provides that the subordinate term includes enhancements in the case
of a violent felony, but not generally in other cases.
   This bill would provide that the "subordinate term" includes
enhancements in all cases.
   (2) Existing law relating to sentencing provides that the number
of enhancements that may be imposed shall not be limited for
specified sex offenses.
   This bill would provide that an unlimited number of enhancements
may be imposed for a broader number of sex offenses.
   (3) Existing law provides that a judge or magistrate may, in
furtherance of justice, order an action to be dismissed.  Existing
law provides that this provision does not authorize a judge to strike
any prior conviction of a serious felony for purposes of enhancement
of a sentence under a specified provision of law.
   This bill would provide that if the court has the authority under
the above provision to strike or dismiss an enhancement, the court
may instead strike the additional punishment for that enhancement in
the furtherance of justice.  This bill would provide that this
provision does not authorize the court to strike the additional
punishment for any enhancement that cannot be stricken or dismissed
under the above provision.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1170.1 of the Penal Code is amended to read:
   1170.1.  (a) Except as otherwise provided by law, and subject to
Section 654, when any person is convicted of two or more felonies,
whether in the same proceeding or court or in different proceedings
or courts, and whether by judgment rendered by the same or by a
different court, and a consecutive term of imprisonment is imposed
under Sections 669 and 1170, the aggregate term of imprisonment for
all these convictions shall be the sum of the principal term, the
subordinate term, and any additional term imposed for applicable
enhancements for prior convictions, prior prison terms, and Section
12022.1.  The principal term shall consist of the greatest term of
imprisonment imposed by the court for any of the crimes, including
any term imposed for applicable specific enhancements.  The
subordinate term for each consecutive offense shall consist of
one-third of the middle term of imprisonment prescribed for each
other felony conviction for which a consecutive term of imprisonment
is imposed, and shall include one-third of the term imposed for any
specific enhancements applicable to those subordinate offenses.
   (b) When a consecutive term of imprisonment is imposed under
Sections 669 and 1170 for two or more convictions for kidnapping, as
defined in Section 207, involving separate victims, the aggregate
term shall be calculated as provided in subdivision (a), except that
the subordinate term for each subordinate kidnapping conviction shall
consist of the full middle term for each kidnapping conviction for
which a consecutive term of imprisonment is imposed and shall include
the full term imposed for specific enhancements applicable to those
subordinate offenses.
   (c) In the case of any person convicted of one or more felonies
committed while the person is confined in a state prison or is
subject to reimprisonment for escape from custody and the law either
requires the terms to be served consecutively or the court imposes
consecutive terms, the term of imprisonment for all the convictions
that the person is required to serve consecutively shall commence
from the time the person would otherwise have been released from
prison.  If the new offenses are consecutive with each other, the
principal and subordinate terms shall be calculated as provided in
subdivision (a).  This subdivision shall be applicable in cases of
convictions of more than one offense in different proceedings, and
convictions of more than one offense in the same or different
proceedings.
   (d) When the court imposes a prison sentence for a felony pursuant
to Section 1170, the court shall also impose the additional terms
provided for any applicable enhancements.  The court shall also
impose any other additional term that the court determines in its
discretion or as required by law shall run consecutive to the term
imposed under Section 1170.  In considering the imposition of the
additional term, the court shall apply the sentencing rules of the
Judicial Council.
   (e) All enhancements shall be alleged in the accusatory pleading
and either admitted by the defendant in open court or found to be
true by the trier of fact.
   (f) When two or more enhancements may be imposed for being armed
with or using a dangerous or deadly weapon or a firearm in the
commission of a single offense, only the greatest of those
enhancements shall be imposed for that offense.  This subdivision
shall not limit the imposition of any other enhancements applicable
to that offense, including an enhancement for the infliction of great
bodily injury.
   (g) When two or more enhancements may be imposed for the
infliction of great bodily injury in the commission of a single
offense, only the greatest of those enhancements shall be imposed for
that offense.  This subdivision shall not limit the imposition of
any other enhancements applicable to that offense, including an
enhancement for being armed with or using a dangerous or deadly
weapon or a firearm.
   (h) For any violation of  an offense specified in Section 667.6,
the number of enhancements that may be imposed shall not be limited,
regardless of whether the enhancements are pursuant to this section,
Section 667.6, or some other provision of law.  Each of the
enhancements shall be a full and separately served  term.
  SEC. 2.  Section 1170.95 of the Penal Code is repealed.
  SEC. 3.  Section 1385 of the Penal Code is amended to read:
   1385.  (a) The judge or magistrate may, either of his or her own
motion or upon the application of the prosecuting attorney, and in
furtherance of justice, order an action to be dismissed.  The reasons
for the dismissal must be set forth in an order entered upon the
minutes.  No dismissal shall be made for any cause which would be
ground of demurrer to the accusatory pleading.
   (b) This section does not authorize a judge to strike any prior
conviction of a serious felony for purposes of enhancement of a
sentence under Section 667.
   (c) (1) If the court has the authority pursuant to subdivision (a)
to strike or dismiss an enhancement, the court may instead strike
the additional punishment for that enhancement in the furtherance of
justice in compliance with subdivision (a).
   (2) This subdivision does not authorize the court to strike the
additional punishment for any enhancement that cannot be stricken or
dismissed pursuant to subdivision (a).
